11/23/2023 0 Comments Actio popularis centrum v sweden![]() As rightly noted the report established by the research mission “Law and Justice” and the French National Research Council (CNRS), judicialization goes hand in hand with an unprecedented mobilization of environmental law by non-governmental organizations (NGOs) related or not to political groups. The database of the Sabin Center for Climate Change Law identifies 1,106 climate lawsuits worldwide and this trend is growing stronger. This judicialization is apparent regarding the climate change. ![]() This reminder can only be welcomed in the current context of increasingly systematic judicialization by individuals or organizations claiming their right to represent the civil society. In order for applicants to be able to claim to be a victim, they must produce reasonable and convincing evidence of the likelihood that a violation affecting them personally will occur mere suspicion or conjecture is insufficient in this respect.” ![]() The Convention does not provide for the institution of an actio popularis, meaning that applicants may not complain against a provision of domestic law, a domestic practice or public acts simply because they appear contravene to the Convention. The ECHR has always rejected the actio popularis and reiterates in this decision that “Article 34 of the Convention does not allow complaints in abstracto alleging a violation of the Convention. On 5 November 2020, the European Court of Human Rights (ECHR) declared inadmissible application of Mr Le Mailloux who challenged in abstacto the Covid-19 measures taken by the French Government without demonstrating that he has been personally affected by such measures.
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